pjc-family-2024-lib

PJC 240.4

G UARDIANSHIP OF A DULT

3. To make personal decisions regarding residence? Answer: _______________ 4. To make personal decisions regarding marriage? Answer: _______________ 5. To handle business and managerial matters? Answer: _______________ 6. To manage financial matters? Answer: _______________

COMMENT Source. The foregoing submission is based on Tex. Est. Code §§ 1101.101(a)(2)(D), 1101.151, 1101.152. The definition of “supports and services” is based on Tex. Est. Code § 1002.031(3), (4). The categories listed in section 1002.031(1) and (2), which pertain only to guard ianship of the person, have been omitted from the definition. The tasks listed in PJC 240.4B and PJC 240.4C are suggestions only, which are drawn from Tex. Est. Code § 1101.103(b)(1)(A), (b)(1)(B). They should be adapted to the requirements of the particular case to ensure that the least restrictive alternative is always considered. See Tex. Est. Code § 1001.001, as set out in PJC 240.1. For exam ple, the question about handling business and managerial matters might be broken into several questions, such as capacity to make purchases, capacity to enter into contracts, and capacity to make gifts. However, items 1, 2, 3, and 4 must always be submitted. See Tex. Est. Code §§ 1101.101(c), 1101.151(b)(5). When to use. The foregoing submission is appropriate when the proposed ward’s capacity to manage his property is in issue. For cases in which the proposed ward’s capacity to care for himself is in issue, see PJC 240.3 (lack of capacity to care for self (guardianship of the person)). In an appropriate case, both PJC 240.3 and PJC 240.4 should be submitted. If total lack of capacity not in issue. If total lack of capacity of the proposed ward to manage his property is not in issue, omit PJC 240.4A and include the follow ing conditioning instruction before PJC 240.4B: If you answered “Yes” to Question ______ [ 240.2 ], then answer Question ______ [ 240.4B ]. Otherwise, do not answer Question ______ [ 240.4B ].

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